Home Case Index All Cases GST GST + AAAR GST - 2019 (3) TMI AAAR This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1950 - APPELLATE AUTHORITY FOR ADVANCE RULING, GOALevy of GST - one time concession fees charged by the appellant in respect of their property - long term lease of 60 years for development of infrastructure for financial business or private investment made on DBFOT (Design, Build, Finance, operate and Transfer) providing - exemption as per Sr. No.41 of the N/N. 12/2017 -Central Tax (Rate), dated 28/06/2017 as amended by N/N. 32/2017 - Central Tax (Rate), dated 13/10/2017 - HELD THAT:- The appellant is not the authority primarily involved in developing or leasing any industrial plots / other plots for Financial Business - To consider the Appellant's entitlement to exemption, the Lessee should be the entity involved in the activity of developing a land / particular mass of area into multiple industrial plots which in turn would be allotted to different potential industrialists. However, in the instant case, the Lessor is not the entity involved for development of any Industrial or Financial Business area but for promotion of tourism and allied activities simply - Lessor being not involved in the activity of allotting industrial space and Lessee being the entity not involved into developing multiple industrial plots, the benefit of the said Notification is not applicable to the Appellant. It is an established and settled position of law that the conditions of the Notifications are required to be strictly interpreted. As the Appellant does not meet all the requirements stipulated in the- Notification, the benefit of the said Notification will not be available to them. On a careful reading of the correct position of the statute vis-a-vis the appellant's contention, it clearly emerges that the language employed in the statute as discussed in para 10 (i) to (iv) are plain and unambiguous and it amply conveys the legislative intent. The appellant does not satisfy the criteria laid down in Sr. No. 41 of the Notification No. 12/2017 (CGST (Rate) dated 28/06/2017) as amended by Notification No. 32/2017 (CGST (Rate) dated 13/10/2017. The Ruling given by AAR-Goa being consistent with the extant statute is maintained. The appeal is rejected.
|